IN THE CASE OF:    

		BOARD DATE:  10 February 2015	  

		DOCKET NUMBER:  AR20140010370 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart.

2.  The applicant states that he received disability retirement for line-of-duty injuries that he incurred while serving in Vietnam and believes that he should have been awarded the Purple Heart.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Line of Duty Determination, and disability retirement.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted on 6 February 1970.  He completed his basic training, his advanced individual training as an infantry indirect fire crewman, and his basic airborne training before being transferred to Vietnam on 26 September 1970.

3.  On 5 March 1971, the applicant was assigned to a trash burning detail in which mortar charges were also being burned.  The applicant remained too close to the fire and was injured when the charges ignited.  He received 1st, 2nd, and 3rd degree burns to the left hand, arm and abdominal area.  He was evacuated to a hospital in Japan and then to a hospital in Phoenixville, Pennsylvania.

4.  On 13 June 1972, he was honorably retired by reason of permanent disability.  He had served 2 years, 2 months and 7 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, and Vietnam Campaign Medal.

5.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been carefully considered and appear to lack merit.

2.  The applicant’s injuries in Vietnam were incurred accidentally and did not involve any hostile or enemy action.

3.  Accordingly, he does not meet the criteria for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1. The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140010370



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ABCMR Record of Proceedings (cont)                                         AR20140010370



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